CHAPTER 269

DECLARATORY JUDGMENTS

AN ACT TO AMEND CHAPTER 128 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, CONCERNING PLEADING AND PRACTICE IN CIVIL ACTIONS BY PROVIDING FOR DECLARATORY JUDGMENTS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 128 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by enacting and adding a new section after 4685. Sec. 43. thereof, said new section to be styled 4685A. Sec. 43A., as follows:

4685A. Sec. 43A. Declaratory Judgments:--In cases of actual controversy (except with respect to divorce or annulment of marriage) the Superior Court, the Supreme Court, the Court of Chancery and the Orphans Court shall have power, upon petition, declaration, complaint or other appropriate pleadings to declare rights and other legal relations of any interested party petitioning for such declaration, whether or not further relief is or could be prayed, and such declaration shall have the force and effect of a final judgment or decree and be reviewable as such.

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party, whose rights have been adjudicated by the declaration, to show cause why further relief should not be granted forthwith.

When a proceeding under this Act involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

Approved April 10, 1947.